Law:

Section:

Punjab Local Government Ordinance (VI of 1979-S. 21(f), proviso (2) read with Representation of Peoples Act (LXXXV of 1976), S. 99(1)(d) Retrospectively Disqualifications incurred by S. 99(1) of Act by persons resigning, retiring or removing (otherwise than by way of punishment) from service, held, stood removed retros¬pectively by virtue of clause (2) of Proviso to S. 21(f) of Ordinance ¬Elected persons removed due to such disqualification deemed to be always members notwithstanding any order or of removal. Civil Appeal No. 330180 fol. JUDGMENT ASLAM RIAZ HUSSAIN, J. This appeal is directed against the judgment and order of the Lahore High Court Rawalpindi Bench, dated 8 12 1981, whereby his writ petition was dismissed. 2. For the purpose of this appeal the only facts that are required to be mentioned here are that Munir Hussain Shah, appellant, was employed as Senior Clerk in the office of Director, Local Government, Rawalpindi. He resigned from the said post oh 15 6 1978 and. contested the election to the membership of Dhama Union Council, Dhamayal, Tehsil and District Rawalpindi, on 29 9 1979, when two years had not yet passed. The appellant was elected, securing the highest number of. votes. Muhammad Shafi respondent filed an election petition against him on the, ground that he was disqualified room contesting the election or remaining a member, in view of the disqualification attached to him by virtue of clause (f) of section 21 of the Punjab Local Government Ordinance, 1979, read with section 99(d) of the Representation of Peoples Act, 1976. 3. The election petition was accepted by the Election Tribunal on 24 11 1980, and Munir Hussain Shah was removed from membership. Feeling aggrieved, Munir Hussain Shah appellant filed a writ petition in the High Court against the order of the Election Tribunal, which was dismissed on 8 12 1980. The appellant then filed a petition for Leave to Appeal against the aforementioned judgment of the High Court to this Court. Leave was granted on 9 3 1982, to consider the effect of an amendment in the Punjab Local Government Ordinance. 1979, made by Ordinance VI of 1981, on 29 3 1981. It may be mentioned that by this…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492